M MOHAMED ABDUL KHADER MEERAN Vs. K KANNAN

JUDGEMENT

(1.) THIS revision petition is filed by the landlord in the rent control proceedings.

(2.) THE facts leading to the filing of the revision petition briefly are the following. petitioner as land lord filed R.C.R.P.No.58 of 1982on the file of the Court of the Controller, Dindigul, under Sec.l0(2)(i) of the Tamil Nadu Buildings (Lease and Rent Control) Act for eviction of the respondent herein on the ground that the respondent has committed wilful default in the payment of rents for the period from February, 1982 to June, 1982. application was resisted by the respondent as tenant contending inter alia that several attempts were made to tender the rent, but for reasons stated in his letters dated 18.5.1982 and 14.7.1982 he could not tender the rent and, therefore, there was no wilful default to invoke Sec.10(2) (i) of the Act. Further, it is the case of the tenant that on receipt of the lawyer " s notice, the entire arrear was paid even before the case was taken up for first hearing. THErefore, there was no wilful default. THE learned Rent Controller on the basis of the pleadings, evidence and arguments accepted the case of the tenant and dismissed the petition for eviction. Aggrieved by the dismissal of the petition for eviction, the landlord preferred an appeal in C.M.ANo.61 of 1983 on the file of the Court of Subordinate Judge, Dindigul. Unfortunately the appellate authority in disposing of the appeal has simply repeated verbatim the order of the Rent Controller except mentioning as " appellant " instead of "petitioner" , and concluded that he agreed with the conclusion of the first authority. Consequently, he dismissed the appeal. Hence the present revision.

(3.) IN the result, the revision petition is allowed and the appellate judgment is set aside the appellate authority is directed to restore on its file C.M.A.No.61 of 1983 and dispose the same within three months from the date of receipt of records from this Court. No costs. Petition allowed.